Overnight. Lets get straight to dan simon who joins us in paradise. The irony in that name cannot be over stated looking at the devastation behind you. What are officials telling you . Reporter there was concern when this fire first broke out that you would have a high number of fatalities. In fact, they were concerned it might break records and in fact it has. Were looking at 42 people dead. The concern they were concerned about it is because it spread so fast. And the fact you have elderly retirees who live in this community. We know the focus today will be for search and recovery teams to identify more bodies in the rubble and they will be bringing in cadaver dogs. It is a gruesome thing theyre doing. We also know, given the way this fire spread and it was so hot, that many of the bodies are burned beyond recognition. Authorities are asking family members to provide dna samples. So ultimately these bodies can be reunited with loves ones. In the meantime, guys, let me explain whoo i ere i am. These are shopping carts. Were in front of a burned out Safeway Grocery store. This underscores what has been lost in this community. You have all kinds of businesses that have been lost. Restaurants and motels and the schools and the churches. This will be a multiyear recovery for the town of paradise. The good news is the fire has spread modestly over the past couple days. It grew slightly overnight and the containment number has gone up. The bad news is things remain dry and there is no rain in the forecast. By the way, there is also no wind today, so thats good news. We cannot say the same for what is happening in Southern California with whats happening in malibu. As you mentioned, they are expecting Hurricane Force winds there tonight, so we could be seeing more devastation down in Southern California. Guys, send it back to you. Unbelievable imagines. Thank you for your reporting. Your whole team on the ground there. We will stay on top of that and keep a close eye on that. Well update you as we have more. Also, to politics, one full week after the midterms, democrats celebrating another flip seat. Kyrsten sinema is the first ever arizona female senator. As for mississippi, that race headed to a run off. And florida . Well, we are starting at a thursday we are staring at a thursday deadline to recount eight million ballots divided almost equally between bill nelson and rick scott. A federal judge is overseeing lawsuits, advising them to ramp down the rhetoric. You have the president and other republicans accusing without basis florida of Election Fraud there. Lets go to cnn in Broward County where one of the biggest battles being fought right now. Where do things stand right now with the recount, rosa . Reporter jim, here they are still separating ballots as part of the recount process. But we have got a judge scolding both sides and another county now entering the controversy. Let me start with this. We have heard governor rick scott and President Trump accusing democrats of trying to steal the election. And the Florida Democratic party calling rick scott a dictator. Yesterday in court, a judge asked both parties to simmer down, to bring down the rhetoric because the judge said those words are being beamed all across the country. Here are the facts. This recount was triggered because of florida law, because the margins are so thin. According to the secretary of state and the florida law enforce, no criminal activity has been found. Democrat bill nelson asking rick scott to recuse himself from all of these recount activities, two voting groups doing the same but going to court to ask a judge to compel rick scott to recuse himself. Meanwhile, rick scott heading to washington, d. C. , planning to travel there to be a part of photo ops, new member orientation and also doing some voting there as part of the new member orientation. Now, we have mostly heard about the controversy in Broward County and in palm beach county. Bay county now inserting itself into the controversy. About 158 people were allowed to vote by email and by fax, jim and poppy. According to the supervisor of elections there, he consulted with the guys from the secretary of state that say that no one is allowed to vote by email or fax. Right. Rosa, thanks very much. Lets keep the conversation going. Cnn senior political analyst john avalon and matt lewis. Matt, if i could begin with you. The president and other republicans continue to claim rampant voter fraud in florida when state officials there, republicans, a republican state secretary of state in florida. Is the president dangerously undermining confidence in the florida election here . Yeah. Look, i think that donald trump is doing more harm than good, really on two counts. On one hand, hes, you know, delegitimizing elections in general. I dont think thats helpful to america right now. In fact, i kind of wish that these elections had been very decisively won, but we are where we are. Trump isnt helping. I also think trump isnt helping the republican cause actually because there really are some things happening that, you know, for example, the Democrat Bill nelson is suing to basically try to get florida to go against the law. The law says, for example, that if you have a malein ballot thats mismatched, you didnt sign your name correctly, that those ballots shouldnt be counted. Bill nelson is arguing they should be, that this is disinfranchising people. I think thats a policy question. Thats a legal question. And i think republicans win on the law if thats the law. I think what trump is doing is injecting this culture fight into it, and i dont think thats helpful for anybody. John avalon to you. I wonder if you think there is a lesson here to be learned for a lot of people. From the president on town to how governor rick scott is handling this to the graceful concession of martha mcsally. I do. I mean, look, donald trump tried to inject the same kind of doubt, allegations of fraud into the arizona race. Didnt remotely apply. But the docounting was going on normally in arizona. Republican officials importantly didnt take the bait. Neither did martha mcsally. So that tone has been different. Actually, the president tweets with joe biden congratulating sinema and thanking mcsally were not doubling down on the divisiveness. But this impulse to have accusations of fraud, President Trumps campaign trying to fundraise off it last night, this is intentionally inflammatory and designed to reduce confidence in our democracy. Thats disgusting. I wonder when you look big picture whether there were political lessons here for both parties. You look at sinema. She ran towards the senate and she won 12 of republicans there. Exceeded only by joe manchin in West Virginia who got 17 of republicans. Thats quite a haul in todays very divisive environment. I think, though, the thing to keep in mind is its not just ideology and policy. It is also temperament and style. Sinema was a radical. Lets not pretend she wasnt. Ten years ago she was. She actually changes her policies. But more important, i think she actually came across as very moderate, very normal and very likable. I think more likable than martha mcsally. That may have been the difference. Look at beto orourke down in texas. Same thing. He ran as a hard core progressive. He did very well in texas. I think its because stylistically he comes across temperament talal stylistically he comes across temperament talaly as moderate. Think about ideology. Think about policy. But probably more important is somebody who comes across with a moderate temperament. You can sense how people want that. You and i speak to people all the time. They want the temperature to be lowered. Right. But i wonder what you think about that and what that bodes for 2020 and who ultimately, you know, sits on top of the ticket for the democrats in 2020. Should they be for the trump charter . Should they be as calm as a c cucumb cucumber . The big question democrats still cant answer is why Hillary Clinton lost. There is a still debate. Was it she was not liberal enough . Or was it that she was too liberal . I think what the 2018 election shows, as matt just said, is that actually the more pragmatic candidates who didnt try to inflame and play identity politics and lead with ideology did better. A lot of the progressive heroes heading into the night didnt go first across the finish line. Beto orourke tried to reach out. He didnt demonize ted cruz. But if you look at the folks who won and where they won, they did focus more on pragmatic problem solving and less on hyper partisan ship. That should send a message. Matt, cant you say the same for republicans, right . That races where they went, you know, very hard right, and even races where the president doubled and tripled down on his messages that republicans lost a lot of those races there. Did they not . Can you say that republicans have to learn that same lesson looking forward to 2020 . Well, look. Sadly, i think it is actually kind of mixed. There were some bomb thrower, you know, trumpian right wingers who lost and some of whom who won, including desantis, who i think will end up winning in florida. I dont know that republicans can take the same lesson at the senate and congressional level. But i will completely agree with you when it comes to running at the national level. You know, the problem of course is the incentive, right . The things you have to do and say to win a republican primary make it much harder to actually win the general election. But if you look at swing seats that turned the 2016 race, statewide races, blue did pretty well in michigan, wisconsin, pennsylvania, right . Should that not be a warning sign to republicans as you look to 2020 . John, final thought. Yeah. Just the undercurrent of the race. Those privet counties that voted twice for obama and that flipped for trump, the democrats did better. It wasnt a sweep. But ill just two names. Charlie baker, larry hogan, the two most popular governors in the country are republicans in blue states. They rejected the trump play book and won reelections. In the current composition, they are the outlier. Thank you both. All right. Is time running out for the homeland secretary . Officials saying the president could ask her to resign in just days. And theyre back. Congress returns to capitol hill, but it wont be like they left it. A different dynamic and a major spending deadline. 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For drivers with accident forgiveness, Liberty Mutual wont raise your rates due to your first accident. Switch and you could save 782 on home and auto insurance. Call for a free quote today. Liberty mutual insurance. Liberty. Liberty. Liberty. Liberty. Khashoggi. This morning multiple officials predicts the president could ask the homeland secretary within days to resign. Citing the president s frustration over her handling of immigration and border security. Lets go to joe johns at the white house. Look, she is a close ally of chief of staff john kelly. She was brought in by kelly. Hes been an ardent defender of hers. Reporter as you know, they both came from the Homeland Security department. And, look, our Kaitlyn Collins reporting today that multiple Officials Say she could be asked to leave any day now. Of course, there has always been a question of timing. Cnn has reported in the past that she was likely on her way out. This is a very tough job, as you know, in the trump administration. And no small part because of the immigration issue the president is said to be dissatisfied other the agencys handling of his immigration policies. She has also gotten criticism from democrats on capitol hill who suggested things like the separation of familys policy has gone too far. It is a difficult position for her. And the question is when and if she will be on her way out. A lot of questions follow after that, including who would replace her there at Homeland Security simply because, again, it is a very difficult job, poppy. And before you go, joe johns, also to you on what were hearing from the president this morning, a few tweets from him. But one of them confounding. He takes another swipe at the french president after he spent time in paris with him and it have two seemed to have mended things up a little bit. Why . And what is the president saying . Reporter this is more of the back and forth over emanuel macons call for a european army. He said he suggests building its own army to protect europe against the u. S. , russia and china. And then he points out that it was germany in world wars 1 and 2. How did that work out for france. And finally a big cut there. They were starting to learn german in paris before the u. S. Came along. The president going after him on that. Once again calling on france to pay more to nato. And there were a bunch of other insults this morning, including one about french wines and suggesting there is a trade imbalance. A long list of grievances there and there may be more to that, as you know. Okay. We appreciate very much the reporting. Joe johns, thank you. We do have news just in. Cnn is taking action after the white house banned jim acosta. A lawsuit has been filed against the president and others in the trump administration. Brian joins us now. Brian, walk us through this. Reporter this is a historic moment for press freedom in the United States. A lawsuit by cnn and jim acosta against President Trump and several other top aids. Ky shi can show you the stateme that begins by saying cnn filed a lawsuit in the d. C. District court that demands the return of the white house credentials of jim acosta. The wrongful relocation of his credentials violates cnn and acostas First Amendment rights. We have asked this court for an immediate restraining order requiring the pass be returned to jim and will seek permanent relief as part of this process. It means cnn is asking for a hearing today or tomorrow, some time this week to get a temporary order to get acostas press pass back right away. Then cnn will seek permanent relief to relief so this doesnt happen again in the future. Is there any precedence . There is no case like this that we have found. I have spoken to multiple media lawyers about this. There is no precedence for suing the white house either. But there is very specific guidelines that regulate how press passes are assigned and allotted. Frankly, all past governments, past administrations have been very permissive about press passes. President trump took a very extreme action by stripping acostas credentials with no notice last week. Let me read the other part because it points out this is happening to cnn, but it could involve any organization. This could have happened to anyone. If left unchallenged, the actions could create a dangerous effect. The white house has come out with a statement supporting cnns efforts to reinstate this credential because acosta was the one targeted last week, but it could have been someone from the New York Times or nbc or the washington post. Or in the future. Exactly. He did that, brian, on friday. When asked, he said, quote, it could be others also. This is a First Amendment case, a freedom of the press case. This is also due process case, a fifth amendment case because you laid out the procedure, the kbied li guidelines that have to be gone through before you revoke it. There was a journalist who wanted a press pass at the white house. He was denied access. This went on for years. But eventually a judge in d. C. Ruled in his favor and said, you have to have really specific reasons. And in practice, the only reason thats been stated is that the reporter would be a threat to the president. Obviously, nobody in the White House Press core is a threat to the president. So thats going to be the legal argument thats going to take place in court. And i mentioned the top aids are being sued as well. It is not just President Trump. It is john kelly, sara sanders, bill shine, the head of the secret service and the officer who actually took away the hard pass last week. We will be joined by one of the two lawyers who is taking this case for cnn. One is ted olsen. Were going to be joined by him shortly. If you are just hearing this, cnn is suing the president and the white house, several top aids, for the relocation of our colleges white house credentials. Something the president told cnn he would not do. He said, quote, i would not do that, meaning take a reporters credentials away. That has now been done to our colleague. Cnn is taking him to court. Well be right back. Staying healthy means choosing the right medicare plan. Humana can help. With original medicare, youre covered for hospital stays and Doctor Office visits when youre sick. But keep in mind youll have to pay a deductible for each. A Medicare Supplement plan can cover your deductibles and coinsurance, but you may pay higher premiums than you do with other plans. And Prescription Drug coverage isnt included. But, with an allinone humana Medicare Advantage plan, you could get all that coverage plus part d Prescription Drug benefits. 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